News & Analysis as of

Pharmacy Manager Fails To Prove Kaiser Had Actual Or Constructive Notice That He Was Working Off-The-Clock

In an appeal from summary judgment, a non-exempt Outpatient Pharmacy Manager (“OPM”) for Kaiser contended that the trial court erroneously held his proffered evidence insufficient to create a triable issue as to whether...more

Collusion Regarding Terms of Medical Resident Employment?

Did you ever wonder why teaching hospitals can conduct their medical residency “match” program? And why they can share data and use it to help set wages for residents? And why the match program effectively forbids salary...more

New IRS Guidance For Calculation Of Hours Worked By Adjunct Faculty And Student Employees Under The Affordable Care Act

This week, the Internal Revenue Service released new regulations that provide guidance to college and university administrators that helps to clarify the application of the Affordable Care Act (“Act”) to adjunct faculty and...more

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more

Court Orders Tuomey to Pay $237 Million for Violations of Stark and False Claims Act

On October 2, 2013, the United States District Court for the District of South Carolina issued an Amended Order and Opinion directing the entry of a civil judgment against Tuomey Health Care System (Tuomey) in the amount of...more

Take 5 Newsletter: Wage and Hour Update - October 9, 2013

- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more

Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more

Department of Labor Extends FLSA Minimum Wage and Overtime Protections to Direct Care Workers

On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health...more

Detroit District Court Certifies Antitrust Class of Registered Nurse

What is the right compensation for a particular job? That’s the question virtually every employer must face. Pay too little, and the employer may not be able to fill a position or must settle for less than the best...more

Labor & Employment E-Note - September 12, 2013

In This Issue: - A.F.L.- C.I.O. Seeks to Lure Nonunion Workers to Boost Ranks - Appeals Court Affirms Unions Can Organize Smaller Units - IRS to Begin Classifying Automatic Gratuities as Taxable Wages - More...more

Employment Law -- Jun 19, 2013

Exempt or Nonexempt, That is The Question - Employers who believe in multitasking could be facing unpaid overtime suits from managers after the California Court of Appeal ruled that a grocery store manager could not...more

Is an Emergency Room Physician Protected From Liability By the Good Samaritan Act?

In the final days of the March term, the Illinois Supreme Court granted review in Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd., which poses the question of whether physicians qualify for...more

Rural Hospital Cardiac Catheterization Lab Cost Savings Program issued favorable OIG Advisory Opinion

On December 31, 2012 the U.S. Department of Health and Human Services Office of Inspector General ("OIG") issued a favorable Advisory Opinion No.12-22 for a hospital cardiology group compensation arrangement that includes a...more

New OIG Advisory Opinion Addresses Hospital On-Call Payments to Specialty Physicians

Yesterday, the OIG released Advisory Opinion No. 12-15 addressing whether a hospital's per diem payment to specialty physicians for call coverage violated the Anti-Kickback Statute. Ultimately the OIG determined the proposed...more

Healthcare Update, No. 3, August 2012: Automatically Deducting For Meal Breaks Can Be Costly

Automatic deductions, where the employer's timekeeping system assumes and deducts for a 30-minute meal break, have proved to be a fruitful target for plaintiffs. During the past 10 years, over 40,000 lawsuits have been filed...more

Healthcare Update, No. 3, August 2012: DOL Targets Healthcare Employer For Violations

A recent announcement from the U.S. Labor Department's Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate...more

Healthcare Update - August 2012, No. 3

In This Issue: - EEOC Challenges TB Testing Practices By A. Kevin Troutman (Houston): For years, hospitals and most other healthcare providers have regularly screened new and existing employees for tuberculosis...more

The Littler Report: Wage And Hour Class Actions In The Healthcare Industry - March 2012

In This Issue: I. THE SCOPE OF THE PROBLEM 1 II. CLASS AND COLLECTIVE ACTIONS: THE PROCEDURAL BACKDROP 3 A. Class versus Collective Action — Overview 3 B. Opt-In versus Opt-Out 3 C. Statutes of Limitation...more

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